Rights of the The basis of the State is the Constitution of the United States, but the basis of State government is the State constitution. The original State constitutions, adopted at the time of the Revolution, con tained (1) an enacting clause, (2) a frame of government, (3) a schedule, and (4) in most cases a declaration of rights. In some cases there was also a preamble, setting forth the reasons for the adoption of a State constitu tion and intended to justify the overthrow of the former government. The declaration of rights ordinarily comprised a statement of the political philosophy of the Revolution and of the civil rights claimed for the people. The political philosophy was not radically different from that set forth nearly a hundred years earlier by John Locke in justification of the English Revolution of 1688. The civil rights were of two kinds: (1) abstract rights, such as the right to freedom of speech and of the press; and (2) concrete rights, such as the right to the writ of habeas corpus and to trial by jury. Practically it was upon the latter kind of rights that the former were de pendent for their force. The declarations of abstract rights, to be sure, had their effect upon public opinion and thereby indirectly upon the conduct of government, but the sys tem of trial by jury enabled the people to im pose a direct check upon the acts of those in authority. The schedule dealt with such matters as the boundaries of the State and the transition from the provisional to the con stitutional government. The frame of govern ment was a body of rules for the organization of the government and the division of powers between its several branches. It also regu lated to some extent the conduct of elections and the procedure of the legislative, executive and judicial departments. The enacting clause expressed the purpose of the Constitution and set forth its sanction in the will of the people. The existing State constitutions contain, in addition to the foregoing, a good deal of ordi nary legislative matter, inserted from time to time by State constitutional conventions for the purpose of putting it beyond the reach of ordinary legislatures. Some of this matter is important, such as measures for the regula tion of the liquor traffic, but much of it is comparatively trivial.
The The fundamental organ of government in the States is the electorate. The right to vote was originally conferred only on those who were deemed to have a sufficient interest in the welfare of the State and who were otherwise fit. Manhood suf frage did not exist. During the first half of the 19th century it was established in substan tially all the States, so far as white men were concerned, and after the Civil War the ballot was extended to the freedmen. Meanwhile a reaction had set in against the principle of manhood suffrage. First, literacy qualifica tions were established in several northern State to exclude uneducated foreign-born voters and then qualifications of various kinds were established in the southern States to ex clude Negro voters. At present qualifications designed to restrict the franchise to those who are deemed fit exist in just half the States. The extension of the ballot to women on the same terms as to men began in the territories of the west. Equal suffrage for men and women now exists in more than a third of the States, and in several others women may vote for presidential electors and most local officers, though not for governor and members of the State legislature. There is a larger number in which they may vote in certain local elections, particularly in public school elections. The 19th Amendment to the Federal Constitution will, however, put an end to disfranchise ment on account of sex. In most States the voters must be registered, at least in the larger cities, in order to exercise their right. In most States also the ballots are printed and elections are conducted by public officials at public expense. The collection and expendi
ture of money by candidates for election and by political parties is generally regulated by law and corrupt practices are carefully defined and prohibited.
State The State legislatures consist of two branches. The lower branch, generally called the house of representatives, contains as a rule from two to three times as many members as the upper, which is always called the Senate. The number of members of the lower branch ranges from 35 in Ari zona and Delaware to 402 in New Hampshire. The number of senators ranges from 17 in Delaware to 63 in Minnesota. In most States the county is the basis of representation in both branches of the legislature. Various methods of apportionment have been adopted for the purpose of adjusting representation more or less accurately to population, but in many States there is deliberate discrimination against the larger cities in the apportionment of members. The term of members of the lower branch is two years in almost all States, and that of senators in the majority of States is four years. Members of the legislature are paid in all States. In most States the rates are low; in some they are no more than the wages of unskilled manual laborers. In most States the legislature meet regularly once in two years and the length of the session is gen erally limited to 60 or 90 days. Both the powers and the procedure of the legislatures are more or less strictly limited by the State constitutions. The legislative powers are con ferred equally on both branches, with the ex ception that money bills must originate in the lower. The senates are also entrusted with certain executive and judicial powers, notably the power of confirming executive appoint ments and of trying impeachments when brought by the lower branch. In practice the latter power has proved of little importance, whilst the former has made the Senate an ex ceedingly important factor in executive affairs in all States where the executive has much patronage., In general the .working of the legislatures has been the least satisfactory feature of State government.
The Most of the State con stitutions declare that the governor shall be the chief executive magistrate, but few con stitutions actually confer on him the powers necessary and appropriate for a chief execu tive. His principal associates are generally elected, like himself, directly by the people, and for terms as long as his own. It is con sequently impossible for him to direct them in the conduct of their offices. Though in all States the governor may appoint some of the department heads and members of administra tive boards and commissions, his power of re moval is often surrounded with restrictions which render him more or less of a figurehead in the actual conduct of administration. The importance of the office of governor results mainly from its political powers, notably the power to recommend measures to the consid eration of the legislature and to veto bills which though passed by the legislature are objection able. In most States the veto power extends to the veto of items in appropriation bills, thus giving the governor a specially strong position with respect to appropriations. The State constitutions further provide that an executive veto may be overridden by special majorities in the legislature, but in several States, where a two-thirds majority of all the elected members in each branch is required to pass a measure over a veto, it is exceedingly difficult in practice to do it. Moreover in States where the length of legislative sessions is strictly limited, most of the measures are parsed in the last days of the session and the executive veto is not exercised upon them un til after the session has dosed. Thus the gov ernor has come to be the chief legislator rather than the chief executive of the State.